SHORT TITLE

1.       This Act may be cited as the Métis Wildlife and Conservation Act.

DEFINITIONS

2.       In this Act:

(a)              “Métis” means an Aboriginal person as set out in section 35(2) of the Constitution Act, 1982, and as defined in the Constitution of the Métis Nation – Saskatchewan ;

(b)              “person” means a Métis person;

(c)               “licence” means a licence issued under the authority of this Act or the regulations thereunder;

(d)              “Minister” means the member of the Provincial Métis Council to whom the administration of this Act is assigned;

(e)              “open season” means that period of time as set out in the regulations during which wildlife can be legally hunted;

(f)                “traffic” means to sell, buy or barter;

(g)              “wildlife” includes fish, an animal with a backbone which is wild by nature or a bird of any species, including its eggs;

(h)              “wildlife guardian” means any person appointed or authorized by the Minister to enforce this Act and the regulations thereunder;

(i)                “tribunal” means a tribunal composed of Elders and members of the Local where the person violating the Act or regulations is normally resident, and includes a sentencing circle where the practice is adopted;

(j)                “adult” means a person sixteen years of age and older;

(k)              “Elder” means a well respected person appointed by the Local;

(l)                “Local” has the same meaning as contained in the Constitution of the Métis Nation – Saskatchewan ;

(m)           “firearm” includes a bow.

PROPERTY IN WILDLIFE

3.       The property in all wildlife within the province is vested in the Creator.  Once lawfully hunted, fished, trapped, gathered or taken the property vests in the hunter, fisherperson, trapper, gatherer or taker.  Any unlawfully hunted, fished, trapped, gathered or taken wildlife vests in the Minister who shall dispose of it as set out in the regulations.

ADMINISTRATION

4.       The Minister may appoint a director to administer the provisions of the Act and regulations.

LICENCES

5.       The Minister or those acting under the authority of the Minister may issue or revoke any licence provided for by this Act or the regulations.

6.       The Minister may delegate the issuing of licences to each of the Locals of the Métis Nation – Saskatchewan .

7.       The Locals which assume that administrative responsibility shall follow and adhere to the guidelines and standards set by the Minister.

8.       Every person who has a licence shall, upon request by a wildlife guardian immediately produce it, along with their Métis membership card for examination.

PROHIBITIONS, OFFENCES, PROSECUTIONS AND PENALTIES

9.       No person shall hunt, fish, trap, or take wildlife in a closed season.

10.     No person shall hunt, fish, trap, or take wildlife without a valid licence.

11.     No person shall hunt, fish, trap, or take wildlife in a wildlife refuge or preserve, as established by the province of Saskatchewan or the government of Canada and in existence as of the date of the passage of this Act.

12.     No person shall hunt within 500 yards of a building, or in any manner or vicinity that endangers the public.

13.     No person shall hunt or fish with the aid of an artificial light.

14.     No person shall traffic in wildlife.

15.     No person under the age of sixteen shall hunt without a parent, or under the supervision of an adult.

16.     No person shall hunt, fish, trap or take wildlife while intoxicated or under the influence of drugs or alcohol.

17.     No person shall discharge of firearm across a highway or road.

18.     No person shall interfere with a wildlife guardian in the discharge of his/her duty.

19.     Any person who violates this Act or the regulations shall be brought before a tribunal, which may incorporate a sentencing circle in its determination of a penalty in the event of a conviction.

20.     Any person convicted by a tribunal shall have a right to appeal to the Métis Senate of the Métis Nation – Saskatchewan , whose decision shall be final and binding.

21.     Any person convicted of an offence under the Act or its regulations shall be required to do community service of a type and duration imposed by the tribunal.

22.     Upon a second or subsequent conviction, the tribunal may suspend the right of the person to secure a licence for a specified period of time, but for no more than one year, in addition to mandatory community service.

23.     Any person refusing to comply with the decision of the tribunal, or appeal decision shall not be eligible for a licence for a period of one year.

MINISTERIAL RESPONSIBILITIES

24.     The Minister, subject to direction from the Legislative Assembly and the Provincial Métis Council, shall perform the following duties:

(a)              Provide annual reports to the Legislative Assembly;

(b)              Prepare draft legislation or amendments for presentation to the Legislative Assembly;

(c)               Prepare regulations for adoption by the Provincial Métis Council;

(d)              Prepare policy papers and guidelines for ratification by the Provincial Métis Council’

(e)              Provide liaison with federal and provincial government departments dealing with wildlife matters;

(f)                Provide liaison with Métis governments or organizations dealing with wildlife matters;

(g)              Generally perform those duties required for carrying out the provisions of the Act and regulations.

POWER TO MAKE REGULATIONS

25.     The Provincial Métis Council may make regulations:

(a)              respecting the protections, management, regulations and use of any wildlife or habitat;

(b)              respecting the disposal of wildlife unlawfully hunted, fished, trapped, gathered or taken;

(c)               prescribing species of wildlife to be protected;

(d)              respecting the issuing of licences;

(e)              respecting the hunting, fishing, trapping and taking of wildlife during open season;

(f)                respecting the means of fishing;

(g)              respecting the gathering of eggs;

(h)              authorizing persons to act on behalf of the Minister in the issue of any licence subject to any terms  and conditions that the Minister may prescribe;

(i)                regulating hunters, the number of hunters, and the manner of hunting at any time and in any area;

(j)                prescribing the wearing apparel to be work by hunters;

(k)              regulating the prohibiting the use of certain vehicles or aircraft in any area for any purpose related to the hunting of wildlife;

(l)                setting the price for licences;

(m)           respecting cooperation between the provincial government and the Métis Nation – Saskatchewan with respect to wildlife;

(n)              setting seasons for hunting, taking or trapping wildlife;

(o)              setting seasons for fishing;

(p)              setting the number of big game animals which can be taken by a hunter within a season;

(q)              setting the number of fish and migratory birds which can be taken on a daily basis;

(r)               respecting any other matters relating to wildlife.

EXCEPTION

26.     Wildlife not covered by this Act or regulations are not prohibited from being hunted, trapped or taken by Métis persons.

27.     This Act, regulations, policies and guidelines thereunder shall not be interpreted as extinguishing, infringing or abrogating any Aboriginal right or title of Métis, and are purely of a regulatory nature.

AMENDMENTS

28.     This Act may be amended, repealed or otherwise dealt with by the Legislative Assembly of the Métis Nation – Saskatchewan .

COMING INTO FORCE

29.     This Act comes into force upon ratification by the Legislative Assembly of the Métis Nation – Saskatchewan .